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When a Tele-Marketer Fails to Accommodate
October 14, 2009 | by Suzanne Robitaille
The Equal Employment Opportunity Commission has sued a Dallas-area tele-marketing firm for violating the Americans with Disabilities Act by firing an employee with multiple sclerosis, according to the Dallas Business Journal.
The suit, filed last week in federal district court in Dallas, alleges that Mannatech, Inc. engaged in “unlawful employment practices” by firing the worker, Jill Roberts, from her job in a call center because of her disability. According to the EEOC’s complaint, Roberts also asked for a “reasonable accommodation to use the restroom on an as-needed basis.” That request was denied, the EEOC’s court records allege.
Roberts has multiple sclerosis, court records say, along with a condition called neurogenic bladder syndrome, which she developed as a consequence of the multiple sclerosis. Multiple sclerosis is a disease in which nerve cells of the brain and spinal cord are attacked by the body’s immune system.
Mannatech is a tele-marketing firm that sells vitamin, ... keep reading »
VA May Relax Rules on Stress Disability Claims
October 14, 2009 | by Suzanne Robitaille
The Veterans Affairs Department has proposed reducing the paperwork required for veterans to show that their experience in combat caused post-traumatic stress disorder, or PTSD. Under the new rules, even just the fear of hostile action would be sufficient, as long as a VA psychologist or psychiatrist agreed, according to the Associated Press.
The VA says the change would streamline claims and recognize the “inherently stressful nature” of war service. Post-traumatic stress disorder can affect anyone who is traumatized by an experience. From the Iraq and Afghanistan wars, more than 134,000 veterans have sought help at a VA facility for possible PTSD, the VA says. The symptoms include flashbacks and anxiety, and for some, it’s so debilitating that it makes it difficult to work after they leave the military.
While some veterans who engage in combat automatically receive special treatment when they seek disability compensation, others must show a badge or other ... keep reading »
Federal Agencies to Spur Hiring of People with Disabilities
October 9, 2009 | by Suzanne Robitaille
President Obama says the government can do more to be a model to society, and has tasked several agencies with developing new plans and policies that will promote the hiring of disabled people for federal jobs in Washington. The move comes as the White House continues to recognize Disability Employment Awareness Month in October.
“Across this country, millions of people with disabilities are working or want to work, and they should have access to the support and services they need to succeed. As the nation’s largest employer, the Federal Government and its contractors can lead the way,” Obama says.
The Office of Personnel Management and the Department of Labor’s Office of Disability Employment Policy, led by Assistant Secretary Kathy Martinez, will collaborate to sponsor and organize a day-long federal government-wide job fair for people with disabilities, which will take place in early spring 2010.
These two agencies, along with the Equal Employment ... keep reading »
Sears To Pay $6.2 Million in Disability Lawsuit
October 5, 2009 | by Suzanne Robitaille
The Equal Employment Opportunity Commission has settled a class-action lawsuit against Sears, Roebuck, and Co. under the Americans With Disabilities Act for $6.2 million and significant remedial relief — representing the largest ADA settlement in a single lawsuit in EEOC history.
EEOC’s suit alleged that Sears maintained an inflexible workers’ compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, in violation of the ADA.
The case arose from a charge of discrimination filed with the EEOC by a former Sears service technician, John Bava, who was injured on the job, took workers’ compensation leave, and, although remaining disabled by the injuries, repeatedly attempted to return to work. Sears, according to the lawsuit, refused to provide Bava with a reasonable accommodation which would have put him back to work and, instead, fired him when his leave expired.
The complaint also revealed that hundreds of other employees ... keep reading »
Governors Push Back on Medicaid Expansion
October 5, 2009 | by Suzanne Robitaille
The nation’s governors are pushing back on Congressional efforts for health-care reform that would potentially expand Medicaid, the program that provides subsidies to low-income persons and people with disabilities who are unable to work. States are concerned about the daunting prospect of having to pay for coverage to millions of low-income residents, especially in a time of recession.
According to The Washington Post, the legislation the Senate Finance Committee is expected to approve this week calls for the biggest expansion of Medicaid since its creation in 1965. Under the Senate bill and a similar House proposal, a patchwork state-federal insurance program targeted mainly at children, pregnant women and disabled people would effectively become a Medicare for the poor, a health-care safety net for all people with an annual income below $14,404.
In recent days, House Democrats have debated whether to trim Medicaid funding in their bill to make room for other priorities.
Among ... keep reading »